Year: 2024
Type: article
Abstract: This paper aims to draw conclusions about the right to a fair legal process, its key elements, and primarily focuses on access to justice and the requirement of adjudication within a reasonable timeframe.One of the questions posed is: Is access to justice restricted?If so, what are the conditions that must be met to impose such restrictions?The conclusions reached pertain to understanding what access to justice entails, its role in fulfilling the principle of a fair legal process, and the steps that need to be taken to effectively utilize this right.The right to a fair legal process constitutes a fundamental principle of the rule of law and the protection of human rights, guaranteed both at the national and international levels.At the European level, this right is enshrined in the European Convention on Human Rights (ECHR), specifically in Article 6, which ensures the right to a fair and public hearing within a reasonable timeframe by an independent and impartial tribunal.In the electoral context, fair legal processes hold particular importance in ensuring the integrity of elections and equal competition.The Code of Good Practice in Electoral Matters, adopted by the Venice Commission, emphasizes guaranteeing transparency, resolving electoral disputes, and protecting the rights of voters and candidates through fair and reliable procedures.Ultimately, it is emphasized that ensuring a fair legal process in European and electoral conventions is a key element in strengthening democracy and fostering public trust in legal systems and electoral institutions.
Source: Revue Européenne du Droit Social
Authors: Ismail Thaçi, Edison Jonuzi, Joniada Musaraj
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4405597350